This chapter is adopted to provide an expedited, streamlined
permitting process for electric vehicle charging stations that will
encourage the timely and cost-effective installations of electric
vehicle charging stations, in compliance with Government Code Section
65850.7. This chapter is intended to achieve these goals while protecting
public health and safety.
(Ord. 2176 § 2, 2020)
Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this chapter:
means the city's building official or designee.
means an electric vehicle supply equipment station, of any
level, that delivers electricity from a source outside an electric
vehicle into a plug-in electric vehicle and is designed and built
in compliance with 24 California Code of Regulations Section 625.1,
et seq., as it reads on the effective date of the ordinance codified
in this chapter, or as it may be amended.
means any charging station that was lawfully established
and in compliance with all applicable laws at the time it was installed,
but which, due to enactment of this chapter, no longer complies with
all the applicable regulations and standards of the zone in which
the property is located.
means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, and written public health
or safety standards, policies, or conditions as they existed on the
date the city found the electric vehicle charging station application
complete.
(Ord. 2176 § 2, 2020)
(a)
Except for charging station located on publicly owned property, this
chapter applies to the permitting of all charging stations in the
city.
(b)
Unless modified after the effective date of the ordinance codified
in this chapter, nonconforming charging station(s) exempt from this
chapter, or routine operation and maintenance do not require a permit.
(Ord. 2176 § 2, 2020)
(a)
All Electric vehicle charging stations must meet all applicable health
and safety standards and requirements, as set forth in federal and
state regulations, county municipal codes and regulations.
(b)
Electric vehicle charging stations must meet all applicable safety
and performance standards established by applicable law including,
without limitation, the Society of Automotive Engineers, the National
Electrical Manufacturers Association, and accredited testing laboratories
such as the Occupational Safety and Health Administration's Nationally
Recognized Testing Laboratory (NRTL) and, where applicable, rules
of the Public Utilities Commission regarding safety and reliability.
(Ord. 2176 § 2, 2020)
(a)
All documents required for the submission of a charging station application
will be made available on the city's website and at the city clerk's
office.
(b)
Applicants may submit the required permit application and documents
by submitting them either via electronic mail or the Internet or by
delivering them to the public works director, or designee. An applicant's
electronic signature will be accepted on all forms, applications,
and other documents in lieu of a wet signature.
(c)
The building official, or designee, will adopt a checklist of all
requirements with which the charging stations must comply to be eligible
for expedited review. The electric vehicle permit process, standard(s)
and checklist(s) must substantially conform to recommendations for
permitting of the "Zero-Emission Vehicles in California: Community
Readiness Guidebook" published by the Office of Planning and Research,
including the checklist and standards contained in the "Plug-In Electric
Vehicle Infrastructure Permitting Checklist."
(d)
If an application is submitted to the city and the building official
deems the application incomplete, a written correction notice detailing
all deficiencies in the application and any additional information
or documentation required to be eligible for expedited permit issuance
must be sent to the applicant for resubmission. The correction notice
must be sent within twenty-nine days after submission of the application.
(Ord. 2176 § 2, 2020)
(a)
Review of an electric vehicle charging station permit application
is limited to whether the application meets local, state, and federal
health and safety requirements. If the application meets the requirements
of the approved checklist and standards, and the proposed charging
station does not pose any specific, adverse impact upon public health
or safety, the building official must approve the application.
(b)
If the building official determines, based on the application, that
the proposed charging station could have a specific, adverse impact
upon the public health and safety, the building official may require
an electric vehicle charging station permit. The permit may include
conditions designed to mitigate the specific, adverse impact upon
health and safety at the lowest possible cost.
(c)
The building official must notify an applicant whether the application
has been approved, or, alternatively, whether the applicant must obtain
an electric vehicle charging station permit, within thirty days after
the submission of a complete application.
(d)
An application for an electric vehicle charging station permit can
only be denied if the building official finds that: (1) the proposed
installation would have a specific, adverse impact upon public health
or safety; and (2) there is no feasible method to satisfactorily mitigate
or avoid the adverse impact. These findings must be presented in writing,
must include the basis for the rejection of the potential feasible
alternative for preventing the adverse impact, and must be based upon
substantial evidence in the record.
(e)
A feasible method to satisfactorily mitigate or avoid the specific,
adverse impact may include, but is not limited to, any cost-effective
method, condition, or mitigation imposed by the city on a prior successful
application for an electric vehicle charging station permit, where
the proposed charging station is similarly situated to the charging
station in that prior successful application.
(Ord. 2176 § 2, 2020)
The city council may establish by resolution the fees for permits
issued under this chapter.
(Ord. 2176 § 2, 2020)
